certified in favor of the four brothers and sister aforementioned, however, the fifth distributee, Charles Knobloch, had not as yet attained his majority, wherefore by letter of June 28, 1924, he was informed that in order to receive payments it would be necessary that a guardian be appointed over his estate. Under date of July 2, 1924, he replied that inasmuch as he would attain his majority on May 23, 1925, he would dispense with the appointment of a guardian and await a legal settlement in his own name as of said date. In this connection it will be appreciated of course that the bureau on the date that this arrangement was conceived, did not foresee the passage of amendatory legislation which would, in effect, preclude an award to Charles Knobloch as contemplated.

Section 303 of the World War veterans' act was, however, amended on March 4, 1925, a date prior to the contemplated award in favor of Mr. Knobloch, and reads as follows:

"If no person within the permitted class be designated as beneficiary for yearly renewable term insurance by the the insured either in his lifetime or by his last will and testament or if the designated beneficiary does not survive the insured or survives the insured and dies prior to receiving all of the two hundred and forty installments or all such as are payable and applicable, there shall be paid to the estate of the insured the present value of the monthly installments thereafter payable, said value to be computed as of date of last payment made under any existing award: Provided, That all awards of yearly renewable term insurance which are in course of payment on the date of the approval of this act shall continue until the death of the person receiving such payments, or until he forfeits same under the provisions of this act. When any person to whom such insurance is now awarded dies or forfeits his rights to such insurance, then there shall be paid to the estate of the insured the present value of the remaining unpaid monthly installments of the insurance so awarded to such person: Provided further, That no award of yearly renewable term insurance which has been made to the estate of a last surviving beneficiary shall be affected by this amendment: Provided further, That in cases when the estate of an insured would escheat under the laws of the place of his residence the insurance shall not be paid to the estate but shall escheat to the United States and be credited to the military and naval insurance appropriation. This section shall be deemed to be in effect as of October 6, 1917."

It will be noted that the first proviso of this section excepts from its application all awards of yearly renewable term insurance which are in course of payment on the date of its approval, whereby the awards to the insurance distributees of record on that date, the three brothers and the sister, are permitted to remain undisturbed. The distributive portion of insurance for Charles Knobloch, however, was not in process of payment. Consequently, it must be distributed in accordance with the terms of the legislation in effect as of the date when it is proposed to distribute it. Hence, the bureau has no recourse but to require administration over the soldier's estate and to pay in a lump sum to the administrator named the present value of 200 unpaid installments on account of one-fifth of the $5,000 insurance, the commuted value of said 200 unpaid installments amounting to $876.

The bureau appreciates the fact, as stated by Mr. Alker that under the Pennsylvania laws, moneys paid over to an administrator are distributable to the heirs at law. It is suggested in this connection, however, in accordance with the practice of the bureau in such cases, that the administrator inform the court of the fact that but for the amendment of March 4, 1925, the brother, Charles Knobloch, would have received all of the proceeds of his distributive share of the insurance; in other words he would have, like his brothers and sisters, been entitled to the sum of $5.75 monthly effective from May 5, 1922, until January 4, 1939, unless his death intervened. The bureau of course can in no way instruct the probate court in the premises or prevent the funds from being distributed to all of the heirs at law, to the probable deprivation of the brother, Charles. The bureau can, however, suggest that the position of this brother in the matter of insurance awards be brought to the attention of the court and the court informed that four-fifths of the insurance was distributed to the brothers and sisters of Charles Knobloch equally and that a one-fifth share would have been given to Charles Knobloch had a guardian been appointed for him at the time of distribution and distribution accomplished under the law as it existed before March 4, 1925. It will thereupon be the province of the court to determine the appropriate distribution of the funds in question.

Before an award of the unpaid insurance can be accomplished, it will be necessary that this office receive a certified copy of letters of administration over the estate of the soldier and proper evidence to show that the court has fixed bond after having been apprised of the amount of insurance involved. CHARLES E. MULHEARN,

Assistant director
(For the director).

The CHAIRMAN. We have before us Representative Andrew J. Hickey, of Indiana, who has something he desires to present to the committee. Mr. Hickey introduced House bill 6735, and we would be very glad to hear from you, Mr. Hickey.

STATEMENT OF HON. ANDREW J. HICKEY, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF INDIANA

Mr. HICKEY. This bill, Mr. Chairman, proposes to amend section 200 of the World War veterans' act, and the only new language that is proposed is to be found on page 3, lines 11 and 18, with reference to chronic arthritis.

Now, the purpose of this amendment is to take care of a class of cases that it seems to be difficult for the medical authorities to agree upon-tuberculosis and chronic arthritis. I have had several of those cases myself, and I have one case in particular that was considered by the regional office at Chicago.

This young man entered the service at the age of about 20 years, and served until the close of the war. He was very strong, physically, at the time he entered the service; but from the time of his separation from the service he has been troubled with tuberculosis.

Now, the doctors who have examined him, and one of them was formerly connected with the Mayo staff, say it is tuberculosis, and the X-ray readings would indicate that it is tuberculosis; but the doctor representing the bureau at Chicago, a specialist who is connected with the bureau, seems to take the position that it is chronic arthritis.

At any rate, the man has been practically unfit for work since his separation from the service, and it would seem to me that if the law is not capable of taking care of such a case, the language that I have proposed would bring his case and other like cases within its provisions.

That is practically all I have to say on the matter. It is a very simple proposition.

Mr. FITZGERALD. May I ask if difficulty has not arisen on account of a construction of the Veterans' Bureau that all cases of chronic arthritis are due to willful misconduct; that is, that arthritis is due to a venereal disease?

Mr. HICKEY. That is not involved in this case at all. The suggestion has never been made by any of the doctors who have considered this case.

The CHAIRMAN. I think, Mr. Fitzgerald, that it is involved in only a small percentage of them.

I am very glad, Mr. Hickey, that you brought this matter to the attention of the committee, and your suggestion will be considered by the subcommittee in charge of the drafting of this bill.

Mr. HICKEY. In connection with my statement I would like to submit a letter which I addressed to the Veterans' Bureau that deals with the question under consideration. I have omitted the name of the claimant in whose interest this letter was written.

The statements in the letter show the necessity of inserting the new language proposed on lines 11 and 18 of page 3 of the bill H. R. 6735. It will be noted in this letter that the civilian doctors find tuberculosis while the bureau doctors find chronic arthritis. The bureau doctor, however, states that it is difficult without “examination by microscope and by laboratory methods of specimen removed from the diseased area" to clearly diagnose the disease.

Mr. C. E. MULHEARN,

United States Veterans' Bureau,

Arlington Building, Washington, D. C.

DEAR MR. MULHEARN: I have had much correspondence with the regional office at Chicago, Ill., and also with the regional office at Cincinnati, Ohio, about the above-named case. I am very well acquainted with the claimant, having known him since he was a boy. Personally I feel he is entitled to compensation. There seems to be a dispute between the doctors with respect to his present physical condition, and also with respect to the origin of his present disability.

Dr. H. H. Martin, a leading physician and surgeon of La Porte, Ind., makes this statement with respect to the case:

"X ray taken as ordered by Doctor Homan has recently been reviewed by myself, which shows active tuberculosis of the iliosacral joints bilateral, one side badly affected as other, as well as active tuberculosis of the body of first lumbar vertebræ. As you will recall, he has been in bed many months and spent five or six months in one of the Government hospitals, where his condition was diagnosed as that of arthritis nontuberculosis. This diagnosis was made from X-ray plates taken at that time. However, when I visited the hospital and talked with Doctor Fields (I presume a Government doctor) and others in charge of his case and showed them the original X-ray plates, they agreed with me that the condition was tuberculosis of the iliosacral joints and of the body of vertebræ above mentioned."

Dr. Grace Line Homan, now a physician and surgeon at Los Angeles, Calif., but who practiced in La Porte, Ind., until about a year ago, makes this statement about the case:

66

* * radiographs made by various competent roentgenologisus disclosed the following condition: Hypertrophic arthritis of the dorsolumbar region; a destructive process, considered tuberculosis in both sacroiliac joints; radiographs of the lungs showed peri-bronchial thickening and some fibrosis * that claimant is suffering from quiescent pulmonary tuberculosis and an active tuberculosis, arthritis of the sacroiliac joints; that claimant's present physical condition dates back to his service disqualifies him for any occupation requiring any reasonable degree of physical strength

** *

* * *

Doctor Homan's affidavit is in the files. She was formerly a member of the Mayo staff, and considered a very capable physician.

Dr. Edwin W. Ryerson, orthopedic consultant of the Veterans' Bureau, Chicago, Ill., in a statement under date of September 10, 1925, has this to say: "The opinion of the examiner would, therefore, be that this condition is due to an infectious osteoarthritis rather than to tuberculosis, but it is admitted that the only absolute conclusive proof of tuberculosis joint disease, is the examination by microscope, and by laboratory methods of specimen removed from the diseased area. It would not be possible to remove such specimen from the lumbar vertebrae, but it would be possible to do so in either sacroiliac joint."

Doctor Ryerson, and Dr. Paul F. Brown, also connected with the bureau, under date of February 14, 1924, make the following statements:

Examination.-" The X-ray film shows a sharp spur projection from the upper portion of the second lumbar vertebra on the left side. This is constant in all pictures of this back. The intervertebral space between the first and second lumbar is not diminished. There is evidence of bone destruction."

Diagnosis.—“ This is known as a hypertrophic arthritis, with spur forma

tion."

Recommendation." It is recommended that a Taylor brace be applied to this man to prevent, so far as possible, motion of the diseased portion of the spine. It is believed that this process will eventually subside and it is recommended that the tonsils, teeth, and other possible foci of infection be investigated."

This man has been able to work but little since his separation from the service. He has made several efforts but after a brief period has been compelled to give up work. He has been confined to the house much of the time, and confined to his bed part of the time. He is compelled to wear a brace all the time. In appearance he looks pretty well but, as I have indicated, as soon as he attempts exertion of any kind he is obliged to give up.

Gentlemen, we have with us also this morning Representative Robert G. Simmons, of Nebraska, who was formerly a member of this committee. We were very sorry to lose him, as he was demoted to the Committee on Appropriations [laughter], but we are very happy to have you with us again, Mr. Simmons.

It will be recalled that by reason of a fight he made before the Veterans' Bureau, it was made possible to add together the different disabilities a man might have in computing his compensation. It was one of the fine things that have been done by Members of Congress, and we are very glad to hear from you, Mr. Simmons, on this legislation.

STATEMENT OF HON. ROBERT G. SIMMONS, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEBRASKA

Mr. SIMMONS. Mr. Chairman, I appreciate the courtesy and the fine words of weclome you have given me. I have full confidence that the work of the veterans' committee will be carried on to the fullest extent that it could be done and in the best way possible with the membership that it now has. I am sorry that I could not remain on this committee.

I would like to direct the committee's attention to two sections in this bill, relating to matters that have come to my attention from service men of Nebraska, and I assume that the same condition applies to other sections of the country.

One relates to the provision of the bill taking care of those vocational training students who are now in training and carrying on their work satisfactorily to the Veterans' Bureau but who, by the limitations of law, must stop that work on the 30th day of June of this year.

I have in mind now one service man in my district who is in his junior year in the University of Nebraska, qualifying as a farm agent under the general Federal and State aid program for better farm service. His records at the university are high. He is interested in his work. It is going to be a very satisfactory manner of rehabilitation for him, but he can not finish unless the law allows the director to complete his training. He does not have funds and his parents are without funds and, in any event, they should not be called upon to complete his rehabilitation.

Another man, who is married, is carrying on vocational work at one of the teachers' training colleges in Nebraska, and he, likewise, could complete his rehabilitation as a teacher if he could have another year's time in which to do it.

In both of these cases, so far as effective rehabilitation is concerned, to stop their vocational training now would mean to lose the great benefit that has come from this training to those men and lose the investment that the Government has placed in their training.

I use these cases as two illustrations to show the necessity of that. there are over a dozen of these cases in Nebraska.

Then another thing that I had in mind was the question of extending the time for the conversion of the term insurance that a lot of us carry and which we carried during the war. We are going to be required to convert that to some other form this year unless Congress changes the law.

Speaking now for myself, I am carrying $10,000 term insurance just as I carried it during the war. I have not enough money to convert it as I want to convert it; I believe that there are a large number of others who feel that they would like to continue all or part of their term insurance as they are now carrying it, and that extension ought to be enacted into law.

Just one other thing: I have a letter here from one of the service men in Nebraska suggesting that the Veterans' Bureau should be authorized to furnish transportation to any ex-service man of any war from his home or place of filing claim to the national soldiers' home for domiciliary care. I do not have any illustrations at hand to show the necessity for that, but it has been submitted to me by a man who is directly concerned in the administration of the Veterans' Bureau and its affairs.

I am grateful, sir, for the privilege of appearing before the committee.

The CHAIRMAN. Mr. Simmons, in relation to this insurance, it should be said that the Veterans' Bureau has under contemplation now the issuance of a combination policy which would allow a man to take term insurance for five years with the privilege of conversion, the rate on term insurance to be slightly higher, and we may be able by executive action through the bureau to secure exactly what we want with reference to this insurance without extending the time.

Mr. SIMMONS. It has been a matter of considerable concern, I know, to a lot of service men who want that insurance protection and who feel they are entitled to it, but who can not take over $10,000 in insurance under the converted forms such as are now offered.

Mr. RANKIN. With reference to that indefinite word " slightly " in there, I would like to know how much ground that would cover. The CHAIRMAN. It is only a few cents a month.

Mr. MONTGOMERY. I do not know how the rest of the committee feel about this term insurance, but the way it was represented to me through the Government agencies was that this term insurance was a permanent thing. They never mentioned anything about converting it.

Mr. SIMMONS. That is, at the time you took it out?

Mr. MONTGOMERY. Yes; at the time we took it out, and I think we should be permitted to continue to carry it as long as we choose.